JSO: Boy sexually assaulted by man with HIV
JACKSONVILLE, Fla. – An alleged sexual predator is behind bars Wednesday after police said he sexually battered a young boy who was older than 12, but younger than 16.
Police said that 53-year-old Tony Belafonte Nealy was also charged with having sexual intercourse with the boy without disclosing that he had HIV during the assault.
According to police, Nealy's been arrested 51 times, and between 1994 and 2012 he was arrested multiple times on sexually related charges.
In 1994 he was arrested for indecent exposure. In 1998 he was arrested twice, once for lewd assault on a child and indecent exposure. Then, in 2012, Nealy was arrested for exposure of sexual organs.
In three of the cases, records show that Nealy was found guilty by a judge without having to go through a formal trial.
Despite those charges, he is not a registered sex offender with the Florida Department of Law Enforcement.
News4Jax crime and safety analyst Gil Smith said, "For this sexual battery, it will probably be listed as a first degree felony since he had arrests for other sex crimes."
Nealy was arrested at an apartment complex on Justina Road in Arlington, and for neighbors in the area, it makes them all the more concerned about what's going on around them, especially since there are kids who live in the area.
Neighbors like Sabrina Harrington, who told News4Jax she worries about others like Nealy who could be in the area.
"What else could be lurking around? I mean, who else could be thinking about doing something like that?" Harrington asked.
According to officials, the boy was heading back to his apartment after taking the garbage out when Nealy grabbed him and pulled him into his apartment.
The victim said that Nealy asked him, "Do you get down?" and the young man said he didn't know what the man was talking about, at which point Nealy said, "Well you going to get down today."
Police reports said that Nealy forced the boy onto his knees and demanded that the young man perform oral sex on him, before forcing the boy to have sex with him.
After the act, police said Nealy told the boy he better not tell anyone about this before letting him go.
Once the boy was able to get away from Nealy, he said he wandered around the street until he found someone and asked them to use their phone because it was an emergency.
According to police, when an officer arrived at the scene, Nealy, "Went into a state of excited utterance," saying, "I didn't rape anyone, he came to me, he wanted it, it was consensual. How I'm going to rape someone in my own house that knows me, I know I'd go to prison."
"He jumped out with that statement, so the officer didn't have a chance to Mirandize him. That's what an excited utterance is," Smith said.
Smith also told News4Jax that because police never read Nealy his Miranda rights, what he voluntarily said at that moment could easily be thrown out in court.
A detective with the Special Assault Office interviewed Nealy, who admitted to having sexual intercourse with the boy and having him perform oral sex, though he continued to tell investigators that it was consensual. Nealy also told police that he thought the boy was 18, reports said.
Nealy is currently being held on a bond of $1 million while he awaits trial.
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